The Great Atlantic & Pacific Tea Co., Inc.

National Labor Relations Board - Board Decisions

Jun 25, 1969

176 N.L.R.B. 1069 (N.L.R.B. 1969)

THE GREAT ATLANTIC & PACIFIC TEA CO. 1069
The Great Atlantic & Pacific Tea Company, Inc.
and Retail Clerks International Association, Local
Union 1636, AFL-CIO. Case 12-CA-3531
June 25, 1969
SUPPLEMENTAL DECISION AND
ORDER
BY MEMBERS FANNING, BROWN, AND JENKINS
original decision and the scope of the Court's
remand, to permit the aggrieved employee the
option of taking either the monetary payment with
interest or a substitute day off that is mutually
agreeable to the parties. In the event the parties
cannot agree on a substitute day off, a monetary
payment with interest shall be made. In the event
employees entitled to this vacation benefit are no
longer employed by the Respondent, they also be
given a monetary payment with interest from the
date of entitlement.
On June 28, 1967, the National Labor Relations
Board issued a Decision and Order in the
above-entitled proceeding,' in which it ordered, inter
alia , that the Respondent make its employees whole
for any 'osses suffered on and after April 26, 1966,
by virtue of the withholding of an additional holiday
granted other employees. On March 25, 1969, the
United States Court of Appeals for the Fifth Circuit
entered a decree enforcing in part the Board's Order
and withholding enforcement of part of the Order,
remanding it to the Board for clarification, "to
ascertain how the Company is to discharge its
obligation to grant the vacation benefit with
interest."'
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
Board has delegated its powers in connection with
this proceeding to a three-member panel.
In its initial decision, the Board contemplated that
an employee who was unlawfully deprived of a
vacation benefit, namely, a day off on his birthday,
could be made whole by the monetary payment of
the equivalent of a day's regular wage with interest
from the date of entitlement, since in view of the
passage of time it was not now possible to grant
that particular day off. However, since the Court
has requested clarification of such remedy, we
believe it appropriate and within the confines of our
SUPPLEMENTAL ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
Relations Board hereby orders that the Respondent,
The Great Atlantic & Pacific Tea Company, Inc.,
Orlando and Winter Park, Florida, its officers,
agents, successors , and assigns, shall make whole
the employees under the terms of the Board's
original Order of June 28, 1967, as clarified herein,
by giving the affected employees the option of:
(a) Accepting a monetary payment equal to his or
her regular day's pay as of the date of entitlement
with interest at 6 percent from such date, or;
(b) Accepting a substitute day off (with pay at the
current rate), on a date mutually agreeable to the
parties. In the event a substitute day off cannot be
agreed upon, the monetary award set forth under (a)
above shall be made.
In the event there are individual claimants under
this Order who are no longer employed by the
Respondent, they shall be awarded a monetary
payment in accordance with (a) above.
1166 NLRB No. 36.
IN L.R B . v The Great Atlantic and Pacific Tea Company , Inc.. 409
F.2d 296 (C.A. 5).
176 NLRB No. 146